. /.  WORLD TRADE  
ORGANIZATION   
G/TBT/N/EU/42 
1 May 2012  
 (12-2297) 
Committee on Technical Barriers to Trade Original:   English 
  
 
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6 
 
1. Notifying Member:  EUROPEAN UNION  
If applicable, name of local governme nt involved (Article 3.2 and 7.2):     
2. Agency responsible:  European Commission 
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above :   
European Commission, 
EU-TBT Enquiry Point Fax:  +(32) 2 299 80 43 E-mail:  mailto:eu-tbt@ec.europa.eu  
Website:  http://ec.europa.eu/enterprise/tbt/  
 
3. Notified under Article 2.9.2 [ X ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:   
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable):  Food 
5. Title, number of pages and language(s) of the notified document:  Draft Commission 
Regulation refusing to authorise certain health  claims made on foods, other than those 
referring to the reduction of disease risk and to children's development and health (6 pages, in 
English). 
6. Description of content:  This draft Commission Regulation concerns the refusal of 
authorisation of five health claims made on foods, other than  those referring to the reduction 
of disease risk and to children's development and health in accordance with Article 18(5) of 
Regulation (EC) No 1924/2006 of the European  Parliament and of the Council of 
20 December 2006 on nutrition and he alth claims made on foods.  
7. Objective and rationale, including the na ture of urgent problems where applicable:  
Protection of human he alth and safety.   
The proposed measure is a Commission Regulation fo r five health claims as referred to above 
under point 6 that have been assessed by the European Food Safety Authority (EFSA). For 
four health claims referred to in the draft Commission Regulation, EFSA concluded that they 
are not scientifically substantia ted. Therefore they do not comply with the conditions set out 
in Regulation (EC) No 1924/2006, and will not be  authorised for use on foods. For one health 
claim referred to in the draft Commission Regulation, EFSA concluded that it relates to the 
treatment of a disease. Therefore it does not  comply with Regulatio n (EC) No 1169/2011 and 
will not be authorised for use on foods. G/TBT/N/EU/42 
Page 2  
 
  8. Relevant documents:   Regulation (EC) No 1924/2006 of the European Parliament and of the 
Council of 20 December 2006 on nutrition and health claims made on foods. 
http://eur-lex.europa.eu/Le xUriServ/LexUriServ.do?ur i=OJ:L:2006:404:0009:0025:EN:PDF   
9. Proposed date of adoption:   
Proposed date of entry into force:    Mid February 2013 
20 days from publication in  the Official Journal 
of the EU (about a month after adoption approx.) There is a transition period of 6 months following entry into force of the regulation. 
10. Final date for comments:  60 days from date of notification. 
11. Text available from:  National enquiry point [  ], or address, telephone and fax numbers, 
e-mail and web-site addresses, if available of the other body:    
European Commission 
EU-TBT Enquiry Point 
Fax:  + (32) 2 299 80 43 E-mail:  mailto:eu-tbt@ec.europa.eu  
The text is available on the EU-TBT Website :  http://ec.europa.eu/enterprise/tbt/  
and 
http://members.wto.org/crnatt achments/2012/tbt/EEC/12_1591_00_e.pdf